70 Human Rights in Counter-Terrorism Investigations Key questions: • What are the key elements of ensuring that a decision to arrest and/ or detain a suspect is human rights-compliant? • What are the key questions law enforcement officials should ask themselves before using force during an arrest? • What are the responsibilities of senior officers when directing operations in which force may be used? • What are the main safeguards for suspects in detention, and what is their rationale? • What is the purpose of interviewing a suspect? • What are the legal obligations and moral and practical considerations surrounding the prohibition of torture and ill-treatment of suspects? The ultimate responsibility for deciding whether and when to arrest a terrorism suspect must lie with those responsible for conducting the criminal investigation. Delaying for too long can be counterproductive, in that opportunities to maximize the gathering of evidence to support a criminal charge are lost or the terrorism suspects may be able to complete their planning and operationalize their plot. In the latter case, investigators may be held accountable if it can be proved that they have been negligent. 67 The arrest, detention and processing of terrorism suspects gives rise to a number of important human rights concerns, and those responsible for conducting criminal investigations need to familiarize themselves with the principles surrounding: • Right to life; • Prohibition of torture and other cruel, inhuman or degrading treatment or punishment; • Freedom from arbitrary arrest or detention; and • Right to a fair trial.67 67 Detailed accounts of the relevant law and standards can be found in Chapters 9–12 of the Countering Terrorism, Protecting Human Rights manual. OSCE commitments and international standards, op. cit., notes 20, 21, 23 and 24.